Mid Staffs: criminal investigation launched into care failings

A criminal investigation has been launched into the conduct of managers and
staff involved in the Mid Staffs hospital scandal.

A review of deaths at Mid Staffordshire NHS Foundation Trust by police and other officials has identified hundreds of cases between 2005 and 2009 where poor care could have contributed to deaths. Photo: PA

The Health and Safety Executive has launched a full investigation into the death of a patient at the Stafford Hospital in 2007.

The executive is considering bringing charges over the death of Gillian Astbury, a 66-year-old woman who died at the hospital six years ago today.

The HSE said it was considering the responsibilities of both the NHS trust that oversaw the hospital, and individuals who worked there.

Earlier this year, a public inquiry found that up to 1,200 people may have died needlessly in Mid Staffs hospitals between 2005 and 2009 due to poor care and mismanagement.

Politicians and campaigners have lamented the fact that despite such findings, no one involved in the scandal has so far faced any legal sanction. The HSE's action is the first move to raise the prospect of such punishment.

An inquest in 2010 found that Mrs Astbury, a diabetic, died due to systematic failures by managers and staff at the hospital.

The HSE suspended its inquiries into Mrs Astbury’s case while the Francis Inquiry in to the scandal was underway.

But now the inquiry has reported, the HSE has resumed its consideration of the case and decided to investigate.

The executive has the power to bring criminal prosecutions under the Health and Safety at Work Act, which makes employers and their staff liable for harm done to members of the public.

Convictions under the act can be punishable by unlimited fines or up to two years in jail.

The 2010 inquest into Mrs Astbury’s death found that “there were serious shortcomings” in the way hospital staff cared for her.

She had been admitted after a fall that left her with a broken leg and pelvis. Nurses failed to administer insulin to her, even though doctors had prescribed it.

Some staff later said they not been told Mrs Astbury was diabetic. Others said they had been too busy to check her notes.

The Daily Telegraph revealed in February that the executive was considering a full investigation into Mrs Astbury's case.

An HSE spokesman today confirmed that an investigation is now underway.

He said: “Following legal advice, HSE deferred a decision to pursue the investigation into Gillian Astbury’s death until the conclusion of the public inquiry, chaired by Robert Francis QC, into Mid Staffordshire NHS Foundation Trust.

“We can now confirm that our inspectors have today formally started an investigation.

“Our focus will be on establishing whether there is evidence of the employer (the Trust) or individuals failing to comply with their responsibilities under the Health and Safety at Work Act.”

The HSE said that because its investigations are criminal matters, it could not provide more detail about the precise focus on the inquiry.

Staffordshire Police and the Crown Prosecution Service are also reviewing the evidence over Mid Staffs, to see if there is scope for charges.

The HSE said it will liaise with Staffordshire Police during its investigation.